23.
The State maintains that the Ministry of Health did adopt specific
support measures to aid this vulnerable group, such as the expediting of
procedures affording access to an antiretroviral treatment; promotion of
fund-raising through external cooperation agencies; and a lowering of
the cost of drugs and viral load and CD4 testing. The Presidential
Commission for the Coordination of Executive Human Rights Policy
informed that total present coverage would provide comprehensive care
for 111 adults and 110 children financed by the Public Ministry’s own
funds, while a further 940 patients would receive antiretroviral
treatment through the support of Doctors Without Borders. The
Guatemalan Institute for Social Security would offer antiretroviral
therapy to more than 1100 adults and 300 children, and another 1,200
patients would be reached through cooperation and coordination efforts
led by Doctors Without Borders, UNICEF, and other donor agencies.
24.
The State alleges that from the date of communication with the
Commission, urgent measures were attempted to implement Decree 272000, which includes the General Law on the Fight Against HIV/AIDS
and the Promotion, Protection, and Defense of Human Rights;
strengthening the budget of the National AIDS Program; coverage of
antiretroviral medication; and carrying out medical tests to determine
progression of the disease.
25.
The State expresses its concern that some AIDS patients are
unable to access treatment and reiterates that the Government provides
free treatment within the limits of its ability to do so. In addition, the
government supports civil society initiatives oriented towards
establishing a budget to ensure implementation of State policies related
to the law in force.
26.
In sum, the State asks that due note be taken of its efforts to
implement the Commission’s precautionary measures, and that a written
record reflect its compliance to that effect. Likewise, it urges the
petitioners to continue resorting to existing domestic legal remedies.
III.
COMPETENCE AND ADMISSIBILITY
A. Competence
27.
The Commission is competent ratione loci to hear the petition
insamuch as it alleges violations of rights protected in the American
Convention which allegedly took place within national territory of
Guatemala, a State Party to that treaty. The Commission is competent
9
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